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(영문) 부산지방법원 2017.09.14 2017구합2470
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea on June 17, 2015 as a short-term business (C3-4) sojourn status, and applied for refugee status to the Defendant on June 26, 2015.

B. On December 27, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “an sufficiently-founded fear that the Plaintiff’s assertion would be harmed.”

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on January 19, 2017, but rendered a final decision to dismiss the Plaintiff’s application on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful in the disposition of this case that did not recognize the plaintiff as a refugee even though the plaintiff is likely to suffer from malkistan because the vehicle on which the plaintiff was aboard is constantly threatened by continuous threat, such as taking a total attack, etc. from the unspecified persons presumed to be a party member of Pakistan as a party of Pakistan (NP).

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). Comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account the aforementioned evidence and the purport of the entire arguments, the Plaintiff’s letter of approval, even if all of the evidence and arguments submitted by the Plaintiff are considered.

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